New Leaseholder company trying to pass £20k charge to residents - UPDATE

Precisely, which is why I disagreed when you said it was no different than selling a detached property. Chalk and cheese.
No. As far as the money is concerned it is no different.

And no, it definitely doesn't apply to all flats. I have lived in flats where residents were completely responsible for maintaining them, internally and externally. Usually smaller blocks.
So what happened when you wanted to sell and it was discovered the roof needed replacing?
And what difference would there have been had it been a house?
 
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No. As far as the money is concerned it is no different.


If you could go back and read my original post, you would see that I'm not referring to the money. You said that buying this flat with potential repairs is no different from buying a detached property with potential repairs needed. This is obviously wrong, because after the initial repairs are made on the house you are in control of the cost and timing of any future repairs. With this flat there is a contractual obligation on the owner to fund repairs at a time and cost that may be unaffordable or inconvenient to the owner as in this case. Maybe you see now?


So what happened when you wanted to sell and it was discovered the roof needed replacing?
And what difference would there have been had it been a house?

What's that got to do with anything? I said any buyer of the flat in question would be 'forced' to pay repair bills and buying into that flat came with potentially open-ended future repair bills with zero control. This is because the freeholder controls future repairs and costs. You told me this applied to all flats. It doesn't. I have lived in two where it doesn't. If I was the OP's buyer, I would be looking for somewhere it doesn't.

It's about controlling future liablilties.

Flat where freeholder controls repairs = zero control for owners.


Flat where owners control repairs - full control for owners
Detached property = full control for owners.

Maybe this makes it a little clearer for you.
 
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If you could go back and read my original post, you would see that I'm not referring to the money. You said that buying this flat with potential repairs is no different from buying a detached property with potential repairs needed. This is obviously wrong, because after the initial repairs are made on the house you are in control of the cost and timing of any future repairs. With this flat there is a contractual obligation on the owner to make repairs at a time and cost that may be unaffordable or inconvenient to the owner as in this case. Maybe you see now?
So, it makes no difference to the initial repairs that are being discussed in the thread.

What's that got to do with anything? I said any buyer of the flat in question would be 'forced' to pay repair bills and buying into that flat came with potentially open-ended future repair bills with zero control. This is because the freeholder controls future repairs and costs. You told me this applied to all flats. It doesn't. I have lived in two where it doesn't.
I did not mean a separate freeholder applied to all flats but that the principle is the same even if you were the freeholder yourself.

It's about controlling future liablilties.Flat where freeholder controls repairs = zero control for owners.
Flat where owners control repairs - full control for owners
Detached property = full control for owners.
By control I presume you mean you can decide NOT to have a new roof when needed.

Very little difference when a new roof IS needed.
 
The landlord cannot dictate what essential repairs are required, appoint a contractor and charge the lease holders. They have statutory protection https://www.legislation.gov.uk/ukpga/1985/70/section/20

If landlords could do this they would be forever enhancing the property in order to increase the value of their asset and enhance the value of any leasehold renewal.
 
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So, it makes no difference to the initial repairs that are being discussed in the thread..

It makes a lot of difference to the confidence levels of the potential buyer of the flat in question ,because of lack of control of timings and cost for the current and any future repairs.



I did not mean a separate freeholder applied to all flats but that the principle is the same even if you were the freeholder yourself..

But I wasn't a freeholder - it was still leasehold. Not all leasehold flats are the same. That's what I'm trying to get you to see.



By control I presume you mean you can decide NOT to have a new roof when needed.

Very little difference when a new roof IS needed.

Not at all. However in my last flat, we had CONTROL over who did the work, whether it offered good value, when the work was carried out, whether tiles were reused and just felt and battens replace, whether other work was carried out at the same time. Unless the OP hires a surveyor, they have no idea whether all of the work is really necessary. It's easy to go to town on building repairs when someone else picks up the tab. And of course, you do realise that some companies deliberately buy freeholds to make money from inflated repairs? One such company even owned the building company that does the work. That's the sort of minefield you get into with these arrangements.

So, just to reiterate - buying a leasehold flat where you are liable for present and future repairs at the whim of the freeholder is not in any way like buying a detached property.
 
So, just to reiterate - buying a leasehold flat where you are liable for present and future repairs at the whim of the freeholder is not in any way like buying a detached property.
Look, my original comment was to the OP - the SELLER - and I said his predicament was no different than if he had been selling a detached house and the BUYER had found 20k worth of faults.

That is the case.
 
So, just to reiterate - buying a leasehold flat where you are liable for present and future repairs at the whim of the freeholder is not in any way like buying a detached property.
Anyone preparing to buy a flat would be aware of that difference in any case.
 
I found this document:

https://www.silvahomes.co.uk/download.cfm?doc=docm93jijm4n563.pdf&ver=210

Silva are the new lease people... Bracknell Forest Homes are the old lease holders. They are responsible for repairs to the outside, including cladding. The repairs needed are to the cladding. Although it does say "residents may be asked to pay a contribution".

In my eyes, a contribution is £500... not £20'000 ... twenty thousand?! madness.
Wondered what all the new shiny Silva vans around was all about - now I know.
And to whoever it was that said prices around here are falling 10%, they have risen 10-15% after the town centre was rebuilt!
I`ve just renewed my lease in order to sell and had to pay a ridiculous amount to do so, old terms were ground rent of £30 per year, new terms are £250 for 1st year rising by £250 per year and capped at £750 per year! Thankfully the buyers are going ahead with the deal.
 
UPDATE

Our buyer has vanished without a trace. Quite possibly he was always going to do this (he was at times difficult to get hold of), and it may also have been this recent possibly charges which made him properly vanish. Either way, it looks like the chain has collapsed and my sale/purchase is dead.

It's been a really really hard few days, and my partner has been crying quite a bit. I don't mind admitting I also had a bit of a cry in the car when I was driving home yesterday worrying about this potential cost and also feeling very upset and depressed about being stuck here.

The worst bit about all this isn't even this HUGE potential cost. It's the fact that we can't re-sell the house now really. Unless we stick it on for a ridiculously low price and even then it may struggle. We are not pretty much jailed here until all of this is resolved, and then we have the work that will need to start, with scaffolding up, porches being removed, knocked down etc... I'm trying not to think about that.

As the chain has now collapsed I will make contact with my neighbour who sent out a letter to us all where he "leaked" the fact that the costs were estimated as £20k. I say leaked as the housing association have been very vague in all their letters which is why no one went to the meetings other than a couple of people.

Plan of Action

1. Going to do some small home improvements, like painting and changing carpet (one has a hole in!)... just to feel like we're at least doing something so that it may sell when we get to that point.

2. Going to get some advice through a specialist solicitor

3. I may at some point go to the media - the local newspapers love a good story - only a few days ago there was this story about Silva Homes - https://www.inyourarea.co.uk/news/t...knell-flats-refurbishment-makes-things-worse/ where they are screwing up a £7million refurb of some flats

4. I will speak with my neighbours, and try to form a sort of residents group

5. Attend the meetings and demand specifics including

---> What exactly are they contributing to these costs?

---> Where have our monthly payments been going?
---> How are they justifying these possible costs?
---> How are they expecting residents in fairly cheap housing - and presumably not well off - to afford £20k or £333 a month in payments?
---> Is the work actually essential?

7. TAKE SOME LEAVE AND GO ON HOLIDAY!! I've saved most of my holiday this year as I was going to take a load of time off after the move to settle in, decorate etc.... so now I've got about 15 days to take. Will try to go away somewhere.

...

Thanks for all your help and advice so far. If we do go away I will send you all a postcard.












 
Read the links, read your lease. Start from the basis that they have no right to apply these charges and that it is a ruse to upgrade the property at your expense Look for evidence that contradicts this. Talk to the lease hold advisory service and consider going down the tribunal route to challenge their right. If you all chip in the legal costs wont be much.

You have a lot of rights.
 
My friend (buyer) and his wife have had two houses fall through in the last 9 months, they are on with a 3rd but pretty demoralised at the moment.

Hope it works out for you in the end, sounds like you're having a very bad time of it at the moment.

Nothing wrong with sheading a tear or two, think I would as well.

Good luck and hope it all works out in the end.

Think we'll end up with an extension or loft conversion rather than moving..
 
Sign up on Bracknell Nextdoor and spread the word to see how many people it effects.
Your partner could do the same on Bracknell Girls or is it Bracknell Gossip Girls?
 
Look, my original comment was to the OP - the SELLER - and I said his predicament was no different than if he had been selling a detached house and the BUYER had found 20k worth of faults.

That is the case.

Many of the items on their list are not faults.

Balcony upgrade - no one uses them as it just overlooks the road and the horrible flats opposite.

Roof replacement - it's not leaking... maybe it's old but it's not faulty. Survey found no issues.

Cladding upgrade - they're grubby and old but not faulty. (They're not in the same category as the Grenfell ones. This is a 2 story place and they're simply wooden Type coverings)

Loft insulation

Cavity wall insulation

...

This is our property in red. As you can see, we have our own front door, and two floors above ground level. The blue ones on the ground are flats. These are not premium, top quality flats... they never will be. They're not that attractive, not high quality, but idea for first time buyers like myself 7 years ago. Even more gutting then that they want £20k to upgrade these.

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Many of the items on their list are not faults.
No, but my point stands - IF the work is necessary and going to cost that much.

Balcony upgrade - no one uses them as it just overlooks the road and the horrible flats opposite.
They still have to be safe.

Roof replacement - it's not leaking... maybe it's old but it's not faulty. Survey found no issues.
Cladding upgrade - they're grubby and old but not faulty. (They're not in the same category as the Grenfell ones. This is a 2 story place and they're simply wooden Type coverings)
Ok.

Loft insulation
It doesn't look like you have a loft from the picture (could be the angle).

Cavity wall insulation
Not necessarily a good thing, and

both will affect any electrical cables in the cavity and loft (insulation companies never consider this)

With you owning your flat, will you have any say in what is done, that you may not want done, and will you have to have done whatever they are doing to the flats they own? I don't know the legal position.

What if they wanted to gold plate the whole building?

It certainly seems like you have a lot that you could query.

It's just unfortunate about the timing. I'm sorry.
 
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